· 5/2/1973
Beer Nuts, Inc. v. King Nut Company
Citations
- 477 F.2d 326
- 17 Fed. R. Serv. 2d 760
- 177 U.S.P.Q. (BNA) 609
- 1973 U.S. App. LEXIS 10160
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that public interest in guarding against depletion of general vocabulary insufficient to override contract law
- concluding that party could not challenge a trademark as a descriptive word because it had contracted out of that recognized defense
- holding that public interest in guarding against depletion of general vocabulary insufficient to override contract law
- holding that “the public interest in [trademarks] ... is not so great that it should take precedence over the rule of the law of contracts that a person should be held to his undertakings”
- holding that a prior settlement agreement recognizing the validity of the plaintiff’s trademark precluded the defendant’s claim that the mark had become descriptive in a later infringement suit as “an attack upon the validity of the trademark”
- holding that a prior settlement agreement recognizing the validity of the plaintiff’s trademark precluded the defendant’s claim that the mark had become descriptive in a later infringement suit as “an attack upon the validity of the trademark”
Source: CourtListener parenthetical corpus (CC0).
Judges: Phillips, Celebrezze, McCree
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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